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Warranty or guarantee? The difference explained simply

The new device breaks after a few months and the retailer points to the manufacturer? Important: you always have the statutory warranty toward the seller, entirely regardless of a voluntary manufacturer's guarantee.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Report the defect

Your chances of getting your money back

The statutory warranty applies for 2 years (for used goods at least 1 year) toward the seller (§ 437 BGB). In the first 12 months it is presumed that a defect already existed at the time of purchase.
A guarantee is voluntary and additional; it can offer more but never replaces your statutory rights. You can choose which one you rely on.

What you should do now

  1. 1

    1. Choose the right addressee

    For the warranty, the seller is responsible, not the manufacturer. Do not let yourself be brushed off.

  2. 2

    2. Give notice of the defect, demand subsequent performance

    Report the complaint in writing and demand repair or replacement (§ 439 BGB). Set a reasonable deadline.

  3. 3

    3. Use the burden of proof

    In the first 12 months you do not have to prove that the defect existed from the start; this is presumed.

  4. 4

    4. After the deadline: reduce or withdraw

    If subsequent performance does not succeed, you can reduce the price or withdraw from the purchase.

Frequently asked questions

The retailer says I should turn to the manufacturer, is that correct?

No. For the statutory warranty, the seller is always responsible. The manufacturer's guarantee is only an additional, voluntary offer. You decide which one you rely on.

How long do I have warranty?

Two years from handover for new goods, and for used goods at least one year. In the first 12 months the reversal of the burden of proof applies in your favor.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.